HB 379

1	A bill to be entitled
2	An act relating to public records; amending s. 119.071,
3	F.S.; providing an exemption from public records
4	requirements for the home addresses, telephone numbers,
5	social security numbers, and photographs of active or
6	former emergency medical technicians or paramedics
7	certified in compliance with chapter 401, the home
8	addresses, telephone numbers, social security numbers,
9	photographs, and places of employment of the spouses and
10	the children of such emergency medical technicians and
11	paramedics, and the names and locations of schools and day
12	care facilities attended by children of such emergency
13	medical technicians and paramedics; providing for future
14	review and repeal of the exemption; providing a statement
15	of public necessity; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Paragraph (d) of subsection (4) of section
20	119.071, Florida Statutes, is amended to read:
21	119.071  General exemptions from inspection or copying of
22	public records.--
23	(4)  AGENCY PERSONNEL INFORMATION.--
24	(d)1.  The home addresses, telephone numbers, social
25	security numbers, and photographs of active or former law
26	enforcement personnel, including correctional and correctional
27	probation officers, personnel of the Department of Children and
28	Family Services whose duties include the investigation of abuse,
29	neglect, exploitation, fraud, theft, or other criminal
30	activities, personnel of the Department of Health whose duties
31	are to support the investigation of child abuse or neglect, and
32	personnel of the Department of Revenue or local governments
33	whose responsibilities include revenue collection and
34	enforcement or child support enforcement; the home addresses,
35	telephone numbers, social security numbers, photographs, and
36	places of employment of the spouses and children of such
37	personnel; and the names and locations of schools and day care
38	facilities attended by the children of such personnel are exempt
39	from s. 119.07(1). The home addresses, telephone numbers, and
40	photographs of firefighters certified in compliance with s.
41	633.35; the home addresses, telephone numbers, photographs, and
42	places of employment of the spouses and children of such
43	firefighters; and the names and locations of schools and day
44	care facilities attended by the children of such firefighters
45	are exempt from s. 119.07(1). The home addresses, telephone
46	numbers, social security numbers, and photographs of active or
47	former emergency medical technicians or paramedics certified in
48	compliance with chapter 401; the home addresses, telephone
49	numbers, social security numbers, photographs, and places of
50	employment of the spouses and children of such emergency medical
51	technicians and paramedics; and the names and locations of
52	schools and day care facilities attended by children of such
53	emergency medical technicians and paramedics are exempt from s.
54	119.07(1) and s. 24(a), Art. I of the State Constitution. The
55	home addresses and telephone numbers of justices of the Supreme
56	Court, district court of appeal judges, circuit court judges,
57	and county court judges; the home addresses, telephone numbers,
58	and places of employment of the spouses and children of justices
59	and judges; and the names and locations of schools and day care
60	facilities attended by the children of justices and judges are
61	exempt from s. 119.07(1). The home addresses, telephone numbers,
62	social security numbers, and photographs of current or former
63	state attorneys, assistant state attorneys, statewide
64	prosecutors, or assistant statewide prosecutors; the home
65	addresses, telephone numbers, social security numbers,
66	photographs, and places of employment of the spouses and
67	children of current or former state attorneys, assistant state
68	attorneys, statewide prosecutors, or assistant statewide
69	prosecutors; and the names and locations of schools and day care
70	facilities attended by the children of current or former state
71	attorneys, assistant state attorneys, statewide prosecutors, or
72	assistant statewide prosecutors are exempt from s. 119.07(1) and
73	s. 24(a), Art. I of the State Constitution. This subparagraph is
74	subject to the Open Government Sunset Review Act in accordance
75	with s. 119.15 and shall stand repealed on October 2, 2011,
76	unless reviewed and saved from repeal through reenactment by the
77	Legislature.
78	2.  The home addresses, telephone numbers, social security
79	numbers, and photographs of current or former human resource,
80	labor relations, or employee relations directors, assistant
81	directors, managers, or assistant managers of any local
82	government agency or water management district whose duties
83	include hiring and firing employees, labor contract negotiation,
84	administration, or other personnel-related duties; the names,
85	home addresses, telephone numbers, social security numbers,
86	photographs, and places of employment of the spouses and
87	children of such personnel; and the names and locations of
88	schools and day care facilities attended by the children of such
89	personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
90	the State Constitution. This subparagraph is subject to the Open
91	Government Sunset Review Act in accordance with s. 119.15 and
92	shall stand repealed on October 2, 2006, unless reviewed and
93	saved from repeal through reenactment by the Legislature.
94	3.  The home addresses, telephone numbers, social security
95	numbers, and photographs of current or former United States
96	attorneys and assistant United States attorneys; the home
97	addresses, telephone numbers, social security numbers,
98	photographs, and places of employment of the spouses and
99	children of current or former United States attorneys and
100	assistant United States attorneys; and the names and locations
101	of schools and day care facilities attended by the children of
102	current or former United States attorneys and assistant United
103	States attorneys are exempt from s. 119.07(1) and s. 24(a), Art.
104	I of the State Constitution. This subparagraph is subject to the
105	Open Government Sunset Review Act in accordance with s. 119.15
106	and shall stand repealed on October 2, 2009, unless reviewed and
107	saved from repeal through reenactment by the Legislature.
108	4.  The home addresses, telephone numbers, social security
109	numbers, and photographs of current or former judges of United
110	States Courts of Appeal, United States district judges, and
111	United States magistrate judges; the home addresses, telephone
112	numbers, social security numbers, photographs, and places of
113	employment of the spouses and children of current or former
114	judges of United States Courts of Appeal, United States district
115	judges, and United States magistrate judges; and the names and
116	locations of schools and day care facilities attended by the
117	children of current or former judges of United States Courts of
118	Appeal, United States district judges, and United States
119	magistrate judges are exempt from s. 119.07(1) and s. 24(a),
120	Art. I of the State Constitution. This subparagraph is subject
121	to the Open Government Sunset Review Act in accordance with s.
122	119.15 and shall stand repealed on October 2, 2009, unless
123	reviewed and saved from repeal through reenactment by the
124	Legislature.
125	5.  The home addresses, telephone numbers, social security
126	numbers, and photographs of current or former code enforcement
127	officers; the names, home addresses, telephone numbers, social
128	security numbers, photographs, and places of employment of the
129	spouses and children of such persons; and the names and
130	locations of schools and day care facilities attended by the
131	children of such persons are exempt from s. 119.07(1) and s.
132	24(a), Art. I of the State Constitution. This subparagraph is
133	subject to the Open Government Sunset Review Act in accordance
134	with s. 119.15 and shall stand repealed on October 2, 2006,
135	unless reviewed and saved from repeal through reenactment by the
136	Legislature.
137	6.  The home addresses, telephone numbers, places of
138	employment, and photographs of current or former guardians ad
139	litem, as defined in s. 39.820, and the names, home addresses,
140	telephone numbers, and places of employment of the spouses and
141	children of such persons, are exempt from s. 119.07(1) and s.
142	24(a), Art. I of the State Constitution, if the guardian ad
143	litem provides a written statement that the guardian ad litem
144	has made reasonable efforts to protect such information from
145	being accessible through other means available to the public.
146	This subparagraph is subject to the Open Government Sunset
147	Review Act in accordance with s. 119.15 and shall stand repealed
148	on October 2, 2010, unless reviewed and saved from repeal
149	through reenactment by the Legislature.
150	7.  An agency that is the custodian of the personal
151	information specified in subparagraph 1., subparagraph 2.,
152	subparagraph 3., subparagraph 4., subparagraph 5., or
153	subparagraph 6. and that is not the employer of the officer,
154	employee, justice, judge, or other person specified in
155	subparagraph 1., subparagraph 2., subparagraph 3., subparagraph
156	4., subparagraph 5., or subparagraph 6. shall maintain the
157	exempt status of the personal information only if the officer,
158	employee, justice, judge, other person, or employing agency of
159	the designated employee submits a written request for
160	maintenance of the exemption to the custodial agency.
161	Section 2.  The Legislature finds that the exemption from
162	public records requirements provided for by this act for the
163	home addresses, telephone numbers, social security numbers, and
164	photographs of active or former emergency medical technicians or
165	paramedics certified in compliance with chapter 401, Florida
166	Statutes, the home addresses, telephone numbers, social security
167	numbers, photographs, and places of employment of the spouses
168	and children of such emergency medical technicians and
169	paramedics, and the names and locations of schools and day care
170	facilities attended by the children of such emergency medical
171	technicians and paramedics is a public necessity. Emergency
172	medical technicians and paramedics, law enforcement officers,
173	and firefighters deal with the same situations and the same
174	individuals in the discharge of their duties, yet law
175	enforcement officers and firefighters are currently granted an
176	exemption from public records requirements with respect to
177	information that identifies and locates them and their spouses
178	and children, and emergency medical technicians and paramedics
179	are not. Emergency medical technicians and paramedics are often
180	exposed to a criminal element when rendering medical treatment,
181	the need for which results from the commission of a criminal
182	act. This exemption is justified, because if the identifying
183	information specified in this act were not made confidential and
184	exempt from public records requirements, an emergency medical
185	technician or paramedic or a member or members of his or her
186	family could be harmed or threatened with harm by an individual
187	or a family member of such individual who was provided emergency
188	medical care which resulted in a negative outcome or who seeks
189	retribution for the emergency medical technician's or
190	paramedic's involvement in the control or management of a crime
191	scene.
192	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.